Right to a fair hearing

A preliminary EAT hearing (Mr A Power v Greater Manchester Police Authority) has determined that there is no breach of Article 6 right to a fair trial (and right to cross examine those who accuse him in criminal proceedings) when a corporate employer accused of discrimination fails to produce the decision maker at trial to face cross-examination.

In this case, the material available to GMPA when it decided to dismiss Mr Power was a letter written by its officer, Christine Joyce which stated that ‘information has come to light regarding previous work with neighbouring forces and your current work in the psychic field which is not compatible with employment in GMPA’. Mr Power contended that as Ms Joyce had not been called (as she had been dismissed by GMPA) he had not had a fair trial.

The EAT determined that any explanation given by a Respondent at Tribunal may be less credible if relevant witnesses are not produced and cannot be cross-examined. However, that is not a breach of a convention right. The Article 6 right applies to the confrontation of accusers in a criminal case and not in a discrimination case.

In the decision, the EAT also gave approval, to the decision of the Tribunal, that a belief in the psychic field and spirituality is correctly protected by the 2003 Regulations.